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Ernest Giardino Sues Town of Chapin Over Sign Permit Ordinance

Public sidewalk with various signs representing free speech

Chapin, South Carolina, July 26, 2025

News Summary

Ernest Giardino has filed a lawsuit against the Town of Chapin, claiming that its permit requirement for displaying signs on public sidewalks violates his First and Fourteenth Amendment rights. The conflict arose after he was informed of the ordinance while holding religious signs in public spaces. Giardino’s case, backed by First Liberty Institute, highlights concerns over free speech and local regulations. The town, maintaining its stance on public space management, has issued numerous permits but insists that regulations do not infringe on constitutionally protected expressions.

Chapin, South Carolina – Ernest Giardino has filed a lawsuit against the Town of Chapin, challenging the constitutionality of a permit requirement that he claims violates his First and Fourteenth Amendment rights. The legal action, initiated on July 15, 2024, revolves around the town’s ordinance that mandates a permit for displaying signs on public sidewalks.

Giardino, who identifies as an evangelical Christian, asserts that he has been expressing his religious beliefs by holding 20×24 inch signs on public sidewalks since October 2023 without any issues. His troubles began in June 2024 when a police officer informed him of the permit requirement while he was displaying a sign at the intersection of Chapin Road and Lexington Avenue. This interaction led Giardino to seek clarification from town officials, including the Chapin Police Chief and the former Code Enforcement Officer, who confirmed that a permit was necessary for holding signs.

The ordinance restricts individuals to displaying signs for a maximum of 30 minutes and requires them to notify the town at least two weeks beforehand. Giardino argues that this ordinance does not pertain to him because he is not participating in a parade or demonstration, the primary focus of the regulation. He expressed concern over the apparent inequality in how the ordinance is enforced, noting that non-religious signs appeared to be allowed in public spaces while his religious expressions faced additional restrictions.

Despite these concerns, Giardino applied for the permit and received approval. However, in August 2024, he encountered police officers requesting to see his permit, which he did not have on him at the time. Giardino decided to continue displaying his signs without obtaining the permit, feeling compelled by what he perceives as divine guidance. He faced challenges in consistently displaying his signs due to various weather and personal conflicts, and he reached out to town officials for relief from the permitting requirements, but he did not receive a satisfactory response.

The Town of Chapin maintained that free speech must be balanced with regulations to preserve the functionality of public spaces. Since the implementation of the permit requirement, the town has issued more than 17 public demonstration permits. However, Giardino claims that the requirements still hinder his ability to exercise his constitutionally protected expression, leading to fears of prosecution for a misdemeanor by failing to comply with the ordinance.

Represented by First Liberty Institute, a legal organization dedicated to defending religious freedom, Giardino’s lawsuit describes the town’s regulation as unconstitutional. First Liberty Institute criticized the permit system, calling it overbroad and an infringement on First Amendment rights.

The ongoing legal battle brings to light significant concerns regarding the intersection of free expression and local regulations. It underscores the complexities of enforcing ordinances intended to maintain order in public spaces while respecting citizens’ rights to express their beliefs freely.

FAQ

What is the lawsuit about?

Ernest Giardino is suing the Town of Chapin over a permit requirement for displaying religious signage on sidewalks, claiming it violates his First and Fourteenth Amendment rights.

What does the Chapin ordinance require?

The ordinance requires individuals to obtain a permit to display signs on public sidewalks, allowing sign displays for only 30 minutes and mandating notification to the town at least two weeks in advance.

What is Giardino’s argument against the ordinance?

Giardino argues that the ordinance unfairly targets his religious expression while allowing non-religious signs in public spaces. He believes that the permit requirement infringes on his rights to freely express his beliefs.

How has the Town of Chapin responded to the lawsuit?

The Town of Chapin asserts the need for regulations to manage public spaces effectively while maintaining free speech, noting that they have issued more than 17 public demonstration permits since the ordinance’s implementation.

Chart: Key Features of the Case

Feature Details
Filing Date July 15, 2024
Location Chapin, South Carolina
Ordinance Requirements Permit needed for signage, 30-minute display limit, two-week advance notification
Giardino’s Position Claims violation of First and Fourteenth Amendment rights, non-application of ordinance to his displays
Response by Chapin Officials Claims balancing free speech with regulations; issued over 17 permits since ordinance
Legal Representation First Liberty Institute

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Additional Resources

Ernest Giardino Sues Town of Chapin Over Sign Permit Ordinance

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